CAS has partially upheld D’Arcy appeal

Nicholas D’Arcy is still not in the clear to go to the Beijing as part of the Australian swim team. Following the Court of Arbitration for Sport Oceania Registry (CAS) ruling D’Arcy himself has said “I would say that I am a slim chance to go now, I am not by any means saying that I am confident about going”.

Technically D’Arcy is still a member of the Australian Olympic team for Beijing.

This comes following a press release from the CAS that stated that CAS has partially upheld the appeal by D’Arcy against the decision of the Australian Olympic Committee (AOC) to terminate his membership with the Australian Olympic Team.

The court found that the conduct of D’Arcy in the early hours of March 30 was likely to and did bring himself into disrepute. As a result of his actions D’Arcy, according to the three-man panel, breached Clause 2.2(6) of the AOC Ethical Behaviour By-Law.

The status of D’Arcy is still not 100 per cent clear as the panel noted that the proper procedure to terminate an athlete’s membership of the Australian Olympic Team was not followed. John Coates in his personal role as President of the AOC had terminated D’Arcy’s membership when it should have been the AOC committee and not just John Coates who terminated the membership.

It now seems likely that the correct process will be followed and D’Arcy will officially have his membership terminated. He could then appeal once again.

D’Arcy is due to appear in the Downing Centre Local Court on June 17 in relation to the assault charge.   

You can go here to read the full Court of Arbitration for Sport press release.

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